5101:2-44-10 Suspension of a state adoption maintenance subsidy.

(A) The following conditions shall cause suspension of the state adoption maintenance subsidy:

(1) Twelve months have elapsed from the initial issuance of the state adoption maintenance subsidy payments and no adoption finalization has occurred, unless the final adoption decree is delayed by proceedings or action under the jurisdiction of the court.

(2) The adoptive parent's annual gross income exceeds one hundred and twenty per cent of the median income of a family of the same size, including the adoptive child, pursuant to rule 5101:2-44-06 of the Administrative Code.

(B) The following conditions may cause suspension of the state adoption maintenance subsidy:

(1) The adoptive parent requests suspension.

(2) The adoptive child enters military service.

(3) The adoptive parent fails to comply with a redetermination of eligibility pursuant to rule 5101:2-44-08 of the Administrative Code.

(4) The adoptive parent is no longer providing financial support for the adoptive child.

(C) The PCSA shall send notification of the suspension at least fifteen days prior to the effective date of the suspension and include the reason for the suspension and a description of the procedures for a state hearing pursuant to section 5101.35 of the Revised Code and division 5101:6 of the Administrative Code.

(D) The PCSA shall make a redetermination of a suspended state adoption maintenance subsidy pursuant to rule 5101:2-44-08 of the Administrative Code upon the request of the adoptive parent to activate a suspended state adoption subsidy within thirty days of the request. Annual redetermination of a suspended state adoption maintenance subsidy is not required.

Effective: 05/01/2009
R.C. 119.032 review dates: 11/25/2008 and 11/30/2013
Promulgated Under: 119.03
Statutory Authority: 5101.35 , 5153.163
Rule Amplifies: 5101.35 , 5153.16 , 5153.163
Prior Effective Dates: 10/2/80, 7/1/90, 5/1/03, 7/1/04